[소유권이전등기말소][집27(3)민,224;공1980.2.15.(626) 12486]
(a) The non-performance of the property devolvingd under the former Civil Act and the time of transfer of ownership;
B. Whether the sale of property devolving upon the State constitutes a juristic act under Article 10(1) of the Addenda of the Civil Act
(a) In case where a government agency disposes of a site devolving upon it before the enforcement of the current Civil Code, if the purchaser completely pays the sale price, he shall acquire the ownership of the site;
B. The sale of property devolving upon the State does not fall under the Act on the Law as referred to in Article 10(1) of the Addenda to the Civil Act, and thus the acquisition of ownership shall not lose its validity even if the registration of ownership transfer is not completed within six
Article 8 of the Act on the Disposal of Property Belonging to Jurisdiction, Article 10(1) of the Civil Code
Supreme Court Decision 68Da416 delivered on May 21, 1968 delivered on March 12, 1955
Plaintiff
Defendant
Seoul Central District Court Decision 78Na1143 delivered on May 9, 1979
The appeal is dismissed.
The costs of appeal are assessed against the defendant.
We examine the Defendant’s grounds of appeal.
In the event that a government-invested agency sold a building site to which it belongs before the enforcement of the current Civil Code, if the purchaser completely pays the sale price, the purchaser shall acquire the ownership of the building site at that time (see Supreme Court Decision 68Da416, May 21, 1968). Since the above sale disposition does not constitute "legal act" as referred to in Article 10 (1) of the Addenda of the current Civil Code, even if the registration of ownership transfer due to the above sale disposition was not completed within 6 years from the enforcement date of the current Civil Code, it shall not be deemed that the above acquisition of ownership shall not be invalidated. Accordingly, the decision of the court below that the plaintiff holds ownership of the building site under the same purport is just and there is no violation of law by misunderstanding the legal principles
Therefore, the appeal is dismissed. The costs of appeal are assessed against the losing party. It is so decided as per Disposition by the assent of all participating Justices on the bench.
Justices Dra-ro (Presiding Justice) Hah-Ja-Ja-Ja-Ja-Ja-Jan